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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Wratten v Kent County Council [1997] UKEAT 1178_97_1512 (15 December 1997) URL: http://www.bailii.org/uk/cases/UKEAT/1997/1178_97_1512.html Cite as: [1997] UKEAT 1178_97_1512 |
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| At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MR R JACKSON
MRS D M PALMER
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING - EX PARTE
| For the Appellant | MR J FITZPATRICK (Representative) Kent Law Clinic University of Kent Canterbury CT2 7NS |
JUDGE PETER CLARK: The question raised in this appeal is whether the Industrial Tribunal incorrectly and impermissibly, as a matter of law, restricted the scope of their enquiry under s.98(4) of the Employment Rights Act 1996 in the form of their self-direction contained in paragraph 22 of their extended reasons dated 13th August 1997.
We think that the point is arguable, bearing in mind the authority cited by Mr Fitzpatrick in support of the appeal.
We also think that the appeal raises a question of causation. To what extent were the events culminating in the unfair treatment, as the Industrial Tribunal found, in 1995, linked to the decision to dismiss on grounds of redundancy in late 1996? Does it matter for the purposes of s.98(4).
All these are matters which in our view require full argument at a subsequent appeal hearing. We shall direct that the matter proceed to a full appeal hearing. The appeal to be listed for half a day. Category C. Skeleton arguments to be exchanged between the parties not less than 14 days before the date fixed for the appeal hearing and copies to be lodged with this tribunal.
